The one thing about this country I can never agree with
People may say a lot about how chao kuan this country is. While we can all differ about the veracity of that statement, one thing to me is so chao kuan that I can never possibly agree with it.
Amnesty International frequently issues urgent action appeals for condemned prisoners at imminent risk of execution. While these mostly refer to prisoners in countries like the US, China, Japan, or Iran, this time I saw that the country in question was Singapore.
Regardless of whether Yong was indeed trying to traffick drugs or not, even if he really was guilty, what is more serious than the death penalty itself is this presumption. If you remember a couple of years ago, there was a young Nigerian named Iwuchukwu Amara Tochi, who was also hanged because he "should have known"—even though the judge noted that there was no direct evidence that he did know or that he had found out on his own. Indeed, his actions were consistent with someone who didn't know what he was carrying. I have no idea whether anyone at all has ever managed to prove that he did not know and should not have known that there were drugs on him or in his vehicle, but certainly I have never heard of any case where the accused succeeded. Furthermore, there is also another presumption which states that unless you prove otherwise, they can presume that you are carrying it for trafficking, not consumption, which can lead to a mandatory death sentence with no alternative and is almost an absolute certainty.1
Those are two pretty amoral presumptions to make, aren't they?
1 After the single appeal is rejected, the final recourse is to appeal to the President for clemency based on the mitigating circumstances of the case. Since 1965, the President has granted clemency only six times; the last clemency was in May 1998 from President Ong Teng Cheong for an 18-year-old convicted of murder, with the sentence commuted to life imprisonment. Between 1994–1999, Singapore had the highest per-capita execution rate in the world, estimated to be 13.57 executions per one million population.
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Amnesty International frequently issues urgent action appeals for condemned prisoners at imminent risk of execution. While these mostly refer to prisoners in countries like the US, China, Japan, or Iran, this time I saw that the country in question was Singapore.
Yong Vui Kong was arrested in June 2007, when he was 19, by officers from the Central Narcotics Bureau. He was charged with trafficking 42.27 grams of heroin, and then sentenced to death in January 2009.Did you notice the use of the term 'presumption'? That is because Singapore law states that when it comes to drugs, you are guilty until proven innocent. The burden is on you to prove that you did not know that there were drugs in the package you were carrying or in the vehicle you were driving. All the prosecution needs to do (if anything at all) is to show that you should have known that there were drugs in the sealed package or hidden under your car.
He had been working as a messenger for a man in Malaysia who often asked him to collect money from debtors or deliver packages as "gifts" to people in Singapore and Malaysia. At his trial, Yong Vui Kong said he had not known what was in the packages, and when he asked, he had simply been told not to open them. The judge, however, ruled that Yong must have been aware of their contents, saying in his written summation, "I found that the accused had failed to rebut the presumption against him. I am of the view that the prosecution had proved its case against the accused beyond reasonable doubt, and I therefore found the accused guilty as charged and sentenced him to suffer death."
Regardless of whether Yong was indeed trying to traffick drugs or not, even if he really was guilty, what is more serious than the death penalty itself is this presumption. If you remember a couple of years ago, there was a young Nigerian named Iwuchukwu Amara Tochi, who was also hanged because he "should have known"—even though the judge noted that there was no direct evidence that he did know or that he had found out on his own. Indeed, his actions were consistent with someone who didn't know what he was carrying. I have no idea whether anyone at all has ever managed to prove that he did not know and should not have known that there were drugs on him or in his vehicle, but certainly I have never heard of any case where the accused succeeded. Furthermore, there is also another presumption which states that unless you prove otherwise, they can presume that you are carrying it for trafficking, not consumption, which can lead to a mandatory death sentence with no alternative and is almost an absolute certainty.1
Those are two pretty amoral presumptions to make, aren't they?
1 After the single appeal is rejected, the final recourse is to appeal to the President for clemency based on the mitigating circumstances of the case. Since 1965, the President has granted clemency only six times; the last clemency was in May 1998 from President Ong Teng Cheong for an 18-year-old convicted of murder, with the sentence commuted to life imprisonment. Between 1994–1999, Singapore had the highest per-capita execution rate in the world, estimated to be 13.57 executions per one million population.
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